SB 1236 - Washington, Barbara
Modifies provisions relating to legal representation for certain court proceedings involving children
Bill Details
Sponsor
LR Number
3593S.01I
Title
SB 1236
House Handler
N/A
Journal Page
Effective Date
August 28, 2024
Committee
Current Status
Second Read and Referred S Health and Welfare Committee
Quick Links
Amendments
No amendments available
CURRENT BILL SUMMARY
SB 1236 - This act repeals provisions of current law distinguishing between the types of cases in which a child is entitled to be represented by counsel or a guardian ad litem. Instead, the court shall appoint counsel in cases involving delinquency, child abuse or neglect, and termination of parental rights proceedings. Counsel shall be appointed prior to the first hearing and shall represent the child at all stages of the proceeding. The child and child's custodian shall not be represented by the same counsel. If a parent or guardian is found to be indigent, the court shall appoint counsel unless counsel is knowingly, intelligently, and voluntarily waived. This act also repeals provisions of existing law relating to conditions for appointing counsel and waiving counsel.
Under this act, a court may appoint a guardian ad litem for a child in a dependency proceeding involving child abuse or neglect. The guardian ad litem shall not be the child's counsel.
The Supreme Court shall establish standards of practice for counsel and guardians ad litem and the Office of State Courts Administrator shall annually make available aggregate data of children appointed counsel under this act.
This act is identical to SB 675 (2023) and HB 1170 (2023) and similar to provisions in SCS/SB 801 (2024) and SB 668 (2023).
SARAH HASKINS